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(영문) 인천지방법원 2018.11.07 2018고단7071

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 15:50 on December 26, 2018, the Defendant driven a Category C Lastren vehicle from the front of the Kcasp to the “Ump” road located in the North and South-North Dong, Jung-gu, Incheon, Incheon to the front of the “Ump elementary school” located in the same Gu and South-North Korea, without obtaining a driver’s license. The summary of evidence is that the Defendant driven a Category C Laren vehicle

1. Statement by the defendant in court;

1. A ledger of driver's licenses and a reference document for disqualified;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The instant crime with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is an unfavorable circumstance to the Defendant, inasmuch as the Defendant driven a vehicle without a driver’s license, the nature of the crime is not somewhat weak, and the Defendant has already been subject to criminal punishment twice due to the same kind of crime.

On the other hand, the defendant recognized the crime of this case and against the mistake, did not cause a traffic accident involving personal and material damage while driving without a license, and the defendant does not again drive without a license.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.